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The Appeals Tribunal found that Mr. Hampstead had not established that the UNDT made any errors under Article 2(1) of the Appeals Tribunal Statute.   

The UNDT correctly took note of the documented performance shortcomings over three performance cycles as well as the fact that Mr. Hampstead’s performance did not improve despite the remedial measures put in place, such as two PIPs, the adjustment of output timelines, and continuous feedback, performance discussions and training that Mr. Hampstead had received over the years. The UNDT also correctly held that the Administration had followed...

UNAT considered an appeal by the Secretary-General. On the issue of receivability, UNAT held that UNDT correctly determined that the Appellant challenged an administrative decision that produced direct legal consequences affecting his employment and that the application was receivable. UNAT held that there was no merit in the Secretary-General’s submission that UNDT erred in law and exceeded its jurisdiction by considering matters beyond the scope of Mr Smith’s request for management evaluation and the MEU’s response, on the basis that it was the role of UNDT to adequately interpret and...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT was correct in its finding that the decision to terminate the Appellant’s continuing appointment was unlawful as its purported basis (insufficient funds) did not exist. UNAT held that it was not necessary for it to deal with the issue of whether UNDT erred in its finding that the Administration failed to comply with its obligation of retention. UNAT held that the abolition of the post due to financial reasons did not subsist for judicial review. On the Secretary-General’s argument that UNDT had erred in finding Mr Nugroho...

Termination of permanent appointment in case of post abolition: A decision to terminate a permanent appointment of a General Service staff member, taken on the basis of a decision by the General Assembly to abolish all posts in the category of that encumbered by the Applicant is legal, provided that no post at the mission remains for which the Applicant could potentially have been considered.Staff consultation: An essential element of consultation is that each party have the opportunity to make the other party aware of its views. However, consultations are not negotiations and it is not...

Termination of permanent appointment in case of post abolition: A decision to terminate a permanent appointment of a General Service staff member, taken on the basis of a decision by the General Assembly to abolish all posts in the category of that encumbered by the Applicant is legal, provided that no post at the mission remains for which the Applicant could potentially have been considered.Staff consultation: An essential element of consultation is that each party have the opportunity to make the other party aware of its views. However, consultations are not negotiations and it is not...

The reason given to the Applicant for the impugned decision, namely, the organizational restructuring at UNFPA, is supported by the facts. Evidence shows that UNFPA suffered the significant financial shortfalls, and UNFPA, facing such a precarious financial situation, undertook the genuine organizational restructuring which resulted in the abolition of the Applicant’s post and the termination of her appointment. While the Applicant claims improper motives, the Tribunal finds that she presented no supporting evidence and thus did not meet the burden of proof in this regard. The Organization’s...

Receivability The Tribunal considered that the Applicant was not challenging individual non-selection decisions directly but rather challenged the Administration’s alleged failure to give her priority consideration for vacant posts before terminating her fixed-term appointment, which is required under staff rule 9.6(e) (see Timothy). Therefore, the Tribunal found the application receivable and examined the merits of the case. Restructuring process At the time of the contested decision, the Applicant worked as Humanitarian Affairs Officer (HAO) at the P-4 level. The Tribunal noted that, in OCHA...

The Applicant argued that the decision to abolish his post and to terminate his fixed-term appointment was tainted by improper motives, but the Tribunal found that the Applicant failed to meet the burden of proof. The Applicant applied for three posts at his level and the record showed that staff members holding continuing appointments from a closed peacekeeping mission were appointed to two posts. Since staff members holding continuing appointment have priority over staff members holding fixed-term appointment, the Administration’s decision regarding these two posts was found to be lawful...